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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
S.J.Srinivasan – Appellant
Versus
Inspector of Police, DCB-ALGSC – Respondent
ORDER :
Challenging the impugned order dated 21.01.2025 passed by the learned Judicial Magistrate–I, Ponneri in Crl.M.P.No.1889 of 2024 in C.C.No.39 of 2023, the present petition has been filed by the petitioner.
2. The brief facts of the case are as follows :
(i) The petitioner, who is claiming to be the Hereditary Trustee of the Temple – Arulmigu Kaalatheeswarar Swami Thirukoil at Sayanavaram Village, Ponneri Taluk, Tiruvallur District, had filed a petition dated 21.11.2017 before the Inspector General of Registration (IGR), Chennai, complaining of fraudulent registration of Temple lands by one Thiru.S.R.Subramaniyam [elder brother of the petitioner's father] who has executed a registered lease deed to an extent of 18.71 acres of the said temple lands vide document No.6748/2013 dated 20.05.2013 at Ponneri Sub- Registrar Office, for a period of 10 years in favour of his grandson R.Sivaramakrishnan, for an annual rent of Rs.2,000/- and lease amount of Rs.10,000/- in his self proclaimed capacity as Hereditary Trustee of the Temple. Based on the complaint, the Inspector General of Tamil Nadu, conducted a thorough enquiry and directions were given to the Sub-Registrar, Ponneri, to file a
The trial court must evaluate evidence when considering a petition under Section 319 Cr.P.C. and can implead additional accused if warranted, regardless of the petitioner's status.
Sufficient prima facie evidence exists for conspiracy and fraudulent transactions regarding temple land; discharge not warranted at this stage.
Point of law: Quash of Criminal proceedings - There cannot be a criminal prosecution against the petitioners herein, which leads to an abuse of process and miscarriage of justice. If the Court fails ....
Transactions involving temple properties without the knowledge of the temple authorities and the HR&CE Department are not binding, and the HR&CE Department has the authority to protect temple propert....
A pending civil suit does not bar the registration of a Settlement Deed if no established conflicting title is presented by the opposing party.
The power under Section 482 of Cr.P.C. should be used sparingly and with abundant caution, and criminal proceedings should not be used to settle purely civil disputes.
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